‘Unfounded’ fails victims
Kawartha Sexual Assault Centre responds to Globe investigation
A 20-month Globe and Mail investigation into police-reported sexual assault allegations has revealed how police services across Ontario record some sexual assault complaints as “unfounded” − a formal police classification that means “a crime was neither attempted, nor occurred.”
Unfounded rates remain high in manyOntarioregions.Inconsistencies in unfounded rates for sexual assault also emerged. In the Centre’s region, we cover a broad geographical area and we note that in Northumberland County,theunfoundedrateforsexual assault is listed at 47 per cent, while the unfounded rate in Port Hope was listed as 45 per cent. The Cobourg Police Service did not provide information requested under freedom of information legislation.
The City of Kawartha Lakes OPP is listedat38percentwhileHaliburton’s rate of unfounded investigations was listed at 48 per cent.
Here in Peterborough city and county, the unfounded rate reported is30percentinthecityand31percent in the county. This information was first released locally in the Lessons from Behind the Door community needs assessment produced by the Kawartha Sexual Assault Centre in 2015. As a result of this project, the Peterborough Police Service reviewed their classification of sexual assaults and amended their process which resulted in a much lower unfounded rate. The Peterborough Police Service and the PeterboroughNorthumberland OPP were fortunatetoparticipateintheLessonsfrom Behind the Door project. Both have committed to continue to work with the recommendations; these include improved training for front line officers, especially in the area of trauma and violence informed responses.
What accounts for these inconsistencies? Unfounding often occurred, theGlobeandMailfound,whenasexual assault complaint entailed just a short interview between the victim and police, and no subsequent investigation. Simply too many sexual assaultsarereportedanddonotresult in charges. And simply too many assaults categorized as unfounded draw on sexual violence misconceptions which construct survivors as unreliable or untruthful.
Whensexualassaultallegationsare dismissed with such frequency “it is a sign of deeper flaws in the investigative process: inadequate training for police;datedinterviewingtechniques thatdonottakeintoaccounttheeffect thattraumacanhaveonmemory;and the persistence of rape myths among law-enforcement officials.”
The Centre notes that false allegations of sexual assault are not a common social problem; the rate of false reporting is no different than any other crime. What is a common social problem is that survivors-victims are not believed or supported when they share their experiences. For example:
Most reports of sexual assault do not lead to charges, let alone convictions. Out of every 1,000 sexual assaults in Canada, it’s estimated that 997 assailants walk free: 33 are reported to the police, just 29 are recorded as a crime; 12 see charges laid; 6 are prosecuted and just 3 lead to conviction.
The majority of sexual assault offenders are in fact known to the victim in some way. Acquaintances, friends and dates are more likely to use verbal pressure, negative consequences, threats to relationships or victim-blaming rhetoric during episodes of sexual coercion. This inevitably impacts upon a victim’s ability to resist or report what happened – or in many cases, even name it as violence.
Sexual cases most often scrutinizesurvivor-victims,theiractions,or reputability as witnesses, per cent as opposed to the alleged offender, who is not required to testify.
Social misconceptions (“myths”) concerning sexual assault persist among offenders, victims and the public.
Police services have an important role in supporting victims of crime. Over the last 20 years, much progress hasbeenmade;wehaveseenimproved practices in sexual violence response in our community services, in health servicesandinpolicing,amongstmany others. We value working together to address sexual violence.
Recommendations
The Kawartha Sexual Assault Centre makes the following recommendationstoouralliesinpoliceservicesandthoseworkinginthecriminal justice system:
Improve organizational accountability in your service’s processes for responding to sexual assault complaints
Take strategic steps to reduce problems that can lead to flaws in the investigative process that foster high unfounded rates. Useful actions can include:
Improved sexual assault disclosure training for police
Learning about and implementing interviewing techniques and procedure that consider the effect that trauma can have on memory (e.g. ensuring the victim has rested and had time for traumatic memories to consolidate)
Take leadership in fostering educational and training opportunities that actively challenge the persistence of sexual violence myths among law-enforcement officials
Implement an Advocate/ Systemic case review model (i.e. Philadelphia Model), so to reduce unfounded cases where possible
Remember that the Kawartha Sexual Assault Centre is an important organization that is available for response and consultation when addressing sexual violence and the needs of survivor-victims.
If something has happened to you, there are people who will believe and support you. You can talk to a trusted friend, family member, or contact the Centre’s 24/7 crisis support line at 1-866-298-7778 or chat online Friday, Saturday, and Sunday nights from 7-11 p.m., at kawarthasexualassaultcentre.com. We know that sexual violence cases are not always resolved through the criminal justice system.
If you are considering reporting, we can help you think through your options.
If you are not considering reporting, that’s okay too. All calls are free and confidential. The Centre can help you as a survivor or as someone who is supporting a friend or family member.